Terms of Use Agreement

YouVisit LLC owns and operates www.youvisit.com and certain other platforms over which it delivers its products and services, including YouVisit mobile platforms (the “Platforms”).  The Platforms provide online virtual college campus experiences ranging from realistic 3-D campus tours, college student video testimonials, and 360◦ tours of various schools’ campuses, classrooms and facilities, as well as other products and services. The products and services offered by YouVisit include the Platforms and any other features, content, functionality or applications offered from time to time by YouVisit in connection with the YouVisit Platforms (collectively, the “YouVisit Services”). The YouVisit Services are hosted in the U.S.

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding terms for the use of the YouVisit Services. By using the YouVisit Services, you agree to be bound by this Agreement. You are only authorized to use the YouVisit Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the YouVisit Platforms and discontinue use of the YouVisit Services immediately. This Agreement includes YouVisit's policy for acceptable use of the YouVisit Services and content posted on the YouVisit Platforms, your rights, obligations and restrictions regarding your use of the YouVisit Services and YouVisit's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the YouVisit Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@youvisit.com, Subject: Terms of Use Agreement.

YouVisit may modify this Agreement from time to time and such modification shall be effective upon posting by YouVisit on the YouVisit Platforms. You agree to be bound by any changes to this Agreement when you use the YouVisit Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Your use of the YouVisit Services is subject to the following specific terms:

1.         Eligibility. Use of and registration for the YouVisit Services is void where prohibited. By using the YouVisit Services, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of the YouVisit Services does not violate any applicable law or regulation.

2.         Term. This Agreement shall remain in full force and effect while you use the YouVisit Services.
 
3.         Fees. You acknowledge that YouVisit reserves the right to charge fees for the use of the YouVisit Services and to change its fees from time to time in its sole discretion. If YouVisit terminates your use of the YouVisit Services because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.

4.         Non-commercial Use by Users. The YouVisit Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by YouVisit. Illegal and/or unauthorized use of the YouVisit Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the YouVisit Platforms is prohibited. Appropriate legal action will be taken in connection with any illegal or unauthorized use of the YouVisit Services.

5.         Proprietary Rights in Content on YouVisit.  The YouVisit Services contain content of YouVisit including its customers, sponsors and affiliates (“YouVisit Content”). YouVisit Content is protected by copyright, trademark, patent, trade secret and other laws, and YouVisit owns or has the right to use, and retains all rights in the YouVisit Content and the YouVisit Services. YouVisit hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the YouVisit Content (excluding any software code) solely for your personal use in connection with viewing the YouVisit Platforms and using the YouVisit Services.

The YouVisit Services contain content of other persons and entities including customers, sponsors, affiliates, and other YouVisit licensors. Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the YouVisit Services.

6.         Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the YouVisit Platforms and through your use of the YouVisit Services (“Prohibited Activity”). YouVisit reserves the right to investigate and take appropriate legal action against anyone who, in YouVisit's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity in the sole discretion of YouVisit that is:

•           criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
•           advertising to, or solicitation of, any user to buy or sell any products or services through the YouVisit Services other than someone authorized by YouVisit. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the YouVisit Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
•           any automated use of the system, such as using scripts to send comments or messages;
•           interfering with, disrupting, or creating an undue burden on the YouVisit Services or the networks or services connected to the YouVisit Services;
•           using any information obtained from the YouVisit Services in order to harass, abuse, or harm another person; or
•           using the YouVisit Services in a manner inconsistent with any and all applicable laws and regulations.

7.         Copyright Policy. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of YouVisit to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to YouVisit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the YouVisit Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the YouVisit Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. YouVisit's Copyright Agent for notice of claims of copyright infringement can be reached at copyright@youvisit.com.

8.         Privacy Policy. The use of the YouVisit Services is also governed by the YouVisit Privacy Policy, which is incorporated into this Agreement by this reference.

9.         Disclaimers. YouVisit is not responsible for any incorrect or inaccurate Content posted on the YouVisit Platforms or in connection with the YouVisit Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the YouVisit Services. The YouVisit Platforms and Services may contain links to other websites. YouVisit is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by YouVisit. Inclusion of any linked website on the YouVisit Services does not imply approval or endorsement of the linked website by YouVisit. When you access these third-party sites, you do so at your own risk. YouVisit takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. YouVisit is not responsible for the conduct, whether online or offline, of any user of the YouVisit Services. YouVisit assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the YouVisit Platforms. YouVisit is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the YouVisit Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the YouVisit Services. Under no circumstances shall YouVisit be responsible for any loss or damage, including personal injury or death, resulting from use of the YouVisit Services, attendance or participation in a YouVisit event or promotion, from any Content posted on or through the YouVisit Services, or from the conduct of any users of the YouVisit Services, whether online or offline. The YouVisit Services are provided "AS-IS" and as available and YouVisit expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YouVisit cannot guarantee and does not promise any specific results from use of the YouVisit Services.

10.       Limitation on Liability. IN NO EVENT SHALL YouVisit BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YouVisit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YouVisit’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YouVisit FOR THE YouVisit SERVICES DURING THE TERM OF YOUR USE OF THE YouVisit PLATFORMS.

11.       Disputes. If there is any dispute about or involving the YouVisit Services, you agree that the dispute shall be governed by the laws of the State of Florida, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Florida . Either YouVisit or you may demand that any dispute between YouVisit and you about or involving the YouVisit Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Miami Florida, USA, provided that the foregoing shall not prevent YouVisit from seeking injunctive relief in a court of competent jurisdiction.
 
12.       Indemnity. You agree to indemnify and hold YouVisit, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the YouVisit Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
 
13.       Other. This Agreement is accepted upon your use of the YouVisit Platforms or any of the YouVisit Services. This Agreement constitutes the entire agreement between you and YouVisit regarding the use of the YouVisit Services. The failure of YouVisit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. YouVisit is a trademark of YouVisit. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at privacy@youvisit.com with any questions regarding this Agreement.